The Research Of Public Easements

The construction of oil and gas pipelines will affect the security of China's basic energy and is closely related to people's lives.However,difficulties in land use,disputes and legal risks are prevail among the process of pipeline operation.Among the key reasons for that are the uncertainty of the pipeline passage right and the unclear land use restriction on both sides of pipeline.And that,the traditional neighboring relationship,expropriation and easement system cannot be the basis of the right of them,but the introduction of Public Easement system can provide a solution.Specifically,the pipeline enterprise will get the right to lay the pipeline after sign the public easement agreement with the realty right holder,which is also known as the positive public easement.At the same time,they also get the right to restrict the use of land on both sides of the pipeline,which is also known as the negative public easement.The superposition of the two rights constitutes a common easement.Thus,it solves the basic problem of oil and gas pipeline disputes,not only protects real estate right holders' rights and interests,but also "corrects the name" of pipeline enterprises.The extraterritorial countries provide a good reference for China to build a Public Easement system in the field of oil and gas pipelines.French Administrative Easement system emphasizes the intervention of public power and administrative power and incorporates Public Easement into the scope of administrative law.Russia's Public Easement also emphasizes the involvement of public authority,stipulating that public easements are established by laws and regulations,but it also has a private law nature.That is,the public easement in Russia recognizes the legality of compensation.The easement protection in the United States is a purely private right.Their government obtains easement protection through tax deductions and donations.Draw upon the experience from outside the region and considering China's national conditions,the Public Easement system in the field of oil and gas pipelines to be established in China can integrate their advantages and position the public easement as a composite right with public and private.Stipulate the Public Easementin the "Real Right Law" and design it as the inferior concept of easement.Establish public easement in the "Real Right Law" and make basic provisions for it.The relevant contents of the public easement in the field of oil and gas pipelines shall be specified by the special law.The construction of a specific system should focus on the convergence of Public Easement and the basic principles of the Property Law,the scope of application of Public Easement,establishment,time limit,compensation,registration,legal relationship between the two parties,change,termination and relief.